Advertising and Claims

From pet food to veterinary medicines: we want the best for our companion animals

Premium pet food is booming, marketed with language borrowed straight from the food aisle. But legally, pet food is not food at all: it is feed, governed by an entirely different set of EU rules on labelling, ingredients and claims. Where exactly is the line between a bag of kibble, a specialised nutritional feed and a veterinary medicinal product, and how easily can a bold marketing claim push a product across it?

New working arrangements between Dutch Food Safety Authority and Inspection Board Health Products

In the Netherlands, advertising disputes over health products rarely reach the civil courts. Instead, self-regulation by the Inspection Board plays a central role, working hand in hand with the Dutch Food Safety Authority (NVWA). New working arrangements between the two bodies, in force until the end of 2027, set out exactly when a case stays within self-regulation and when NVWA steps in directly. With the line between a lawful health claim and an unauthorised medical claim often razor-thin, knowing which route applies matters.

Oat beta-glucans and the glucose peak: a new health claim is on its way

That familiar afternoon slump after a carb-heavy lunch is not just a matter of energy levels, it is now also a matter of EU food law. Positive outcomes in the EU health claim authorisation process are rare, which makes a new EFSA opinion on oat beta-glucans and the glucose peak all the more remarkable, especially since it was obtained via a route that has produced only a handful of successes. The wording of the new claim also differs slightly but significantly from an already authorised 2012 claim, with real legal and commercial consequences.

We have advised a Dutch packaging manufacturer on the use of colours, inks and substances in food packaging and have prepared a fact sheet on environmental claims for a client focussed on sustainable packaging.

We have assisted a pharmaceutical company with the alignment of its promotional materials with applicable codes of conduct.

We have advised several clients on the conduct and defence of complaints made to the Dutch Advertising Committee regarding claims about products such as foods, pharmaceuticals and medical devices across Dutch media.

We have advised a medical device manufacturer on compliance with the Dutch Medical Device Advertising Code of Conduct in connection with the launch of a promotional campaign for a new medical device.

We have advised a medical device company on its proposed advertising strategy covering social media channels prior to the roll-out of a new product line in the Netherlands.

We have worked with a multinational medical device company to ensure compliance of its advertising materials with local advertising and promotion rules in the Netherlands.